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2016 Supreme(Online)(KER) 4619

HIGH COURT OF KERALA
P.R.RAMACHANDRA MENON, ANIL K. NARENDRAN, JJ
NNION OF INDIA – Appellant
Versus
T.P.SANKARAN – Respondent


Advocates:
SMT.M.R.SREELETHA, SRI.M.A.SHAFIK, SMT.SHAMEENA SALAHUDHEEN, SRI.BIJU MARTIN, SRI.N.NAGARESH, SRI.C.S.MANILAL

JUDGMENT

Ramachandra Menon, J.

All these writ petitions have been filed by the Union of India/Railways challenging the verdicts passed by the Central Administrative Tribunal, Ernakulam Bench, whereby Clause 14 of the Board Order dated 09.10.2003 stipulating that the existing Rules regarding reservation of SC/ST will continue to the restructuring of posts ordered therein. The case projected before the Tribunal by the applicants, mainly challenging the said clause, contending that if the same is let to stand, it will result in premature promotions and undue promotions to the juniors in preference to the seniors, was accepted and the said clause was set aside by the Tribunal, which is stated as not correct or sustainable in the eye of law and hence the challenge.

2. We heard Mr. C.S. Dias and Sri. James Kurien - the learned standing counsel appearing for the Railways, Sri. M.A. Shafik - the learned counsel appearing on behalf of the party respondents in W.P.(C) Nos. 7970 and 20062 of 2006, W.P.(C) No.17786 of 2007 and W.P.(C) No. 216 of 2008 and for the first respondent in W.P. (C) No. 37287 of 2007, Sri. T.C. Govinda Swamy - the learned counsel appearing for the respondents in W.P.(C) N

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